The Horticultural Development Council (Amendment) Order 2003
Title and commencement
1.
(1)
This Order may be cited as the Horticultural Development Council (Amendment) Order 2003, and shall come into force on 1st April 2003.
(2)
Amendment of the principal Order
2.
The principal Order shall be amended in accordance with the following provisions of this Order.
3.
In article 2 (interpretation), in paragraph (1)—
(a)
““apple” and “pear” mean respectively any apple other than the varieties listed in Part I of Schedule I and any pear other than the varieties listed in Part II of that Schedule;
“apple or pear grower” means a person who carries on the trade or business of growing apples or pears for sale or for processing into an apple or pear product with a view to its sale, and occupies land of at least two hectares planted with at least 50 trees (whether apple or pear or both);”;
(b)
““grower” means—
(a)
a person, other than an apple or pear grower, who grows horticultural produce (excluding mushrooms) for sale, whose sales of such produce (excluding Value Added Tax and the cost of haulage and packing materials and, in those cases where the produce is prepared for market in rateable packhouses, any rates levied in respect of such packhouses) were not less than £25,000 during his relevant accounting year;
(b)
a mushroom grower; and
(c)
an apple or pear grower;”;
(c)
in the definition of “horticultural produce”, there shall be inserted before the words “Schedule 1” the words “Part III of”.
4.
In article 4 (constitution of Council), in paragraph (1) there shall be substituted for the word “eleven” the word “twelve”.
5.
“(2)
The Council may enter on the register, in addition to the name and address of any registered grower—
(a)
any business name under which and the address of any place at which he carries on business in the industry, and the names of his partners in any such business,; and
(b)
where the registered grower is a company, the names and addresses of any directors of the company.
but no other information.”.
6.
“7
(1)
Every person who was registered as a grower under the Apple and Pear Research Council Order 1989 immediately before the dissolution of the Apple and Pear Research Council shall be registered as a grower in the register kept by the Horticultural Development Council.
(2)
Every person who on or after 31st March 2003 becomes a grower shall apply in writing to the Council to be registered within two months of the day on which he became a grower.
(3)
Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.”5.
7.
In article 9 (charges for expenses)—
(a)
“(1)
For the purposes of enabling it to meet its expenses in the exercise of its functions and its administrative expenses the Council may, with the approval of the Ministers and subject to paragraphs (2), (3) and (3A), impose—
(a)
on each grower, other than an apple or pear grower or a mushroom grower, a charge for any levy period at a rate not exceeding 0.5 per cent of the value (excluding Value Added Tax) of his sales of horticultural produce during his relevant accounting year;
(b)
on each apple or pear grower either—
(i)
a charge for any levy period at a rate not exceeding £35 in respect of each hectare of land occupied by him during all or any part of that period for the purpose of business in the industry and planted with apple or pear trees, or
(ii)
where the average density of planting on any land so occupied is less than 125 trees per hectare and the grower so elects, a charge for any levy period in respect of every 50 trees at the rate of two-fifths of the charge which would otherwise be imposed under paragraph (i) of this sub-paragraph; and
(c)
on each mushroom grower a charge for any levy period at a rate not exceeding 15 pence per litre of spawn purchased for use in compost during his relevant accounting year.”;
(b)
“(3A)
For the purpose of calculating a charge imposed under paragraph (1)(b), headlands shall be included but fractions of less than one-tenth of a hectare or any remainder after the number of trees has been divided by 50 shall be ignored.”
8.
In article 12 (offences), in paragraph (1) there shall be inserted after the words “article 7(1)”, the words “or (2)”.
9.
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.
10.
“4.
Promoting the adoption of measures for securing safer and better working conditions, and the provision and improvement of amenities for persons employed, and promoting or undertaking inquiry as to such measures.
5.
Promoting the production and marketing of standard products.
6.
Promoting or undertaking research for improving arrangements for marketing and distributing products.
7.
Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.
8.
Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.”.
Saving
11.
(1)
Notwithstanding the provisions of this Order, the provisions of the principal Order in force prior to the coming into force of this Order shall continue to apply in respect of levy periods ending prior to the coming into force of this Order.
(2)
In paragraph (1), “levy period” has the same meaning as in the principal Order.
We consent
SCHEDULE
“SCHEDULE 1
PART IEXCLUDED VARIETIES OF APPLES
Abondance
Bulmer’s Norman
EB 54
Allens Sweet
Burrowhill Early
Ecarlatine
Amer de Berthecourt
Camelot
Eggleton Styne
Amer de Torentice
Captain Broad
Ellis Bitter
Argile Grise
Cherry Norman
Fair Maid of Devon
Ashton Bitter
Cherry Pearmain
Fillbarrel
Ashton Brown Jersey
Chisel Jersey
Four Square
Backwell Red
Churchill
Foxwhelp
Ball’s Bitter Sweet
Cider Lady’s Finger
Franqueville
Barbarie Blanche
Cimetiere
Frederick
Bedan
Coat Jersey
Frequin Audievre
Belle de Douai
Collington Bitter Sweet
Frequin Tardif
Belle Fille de la Manche
Compton Drum
Frequin Tardive de la Sarthe
Belle Norman
Cool Jersey
Genet Moyle
Bergere
Court Royal
Gilbert
Binet Rouge
Cow Apple
Goddard
Black Dabinett
Cowarne Red
Green Norman
Black Foxwhelp
Crimson King
Gros Doux Blanc
Black Norman
Crimson Victoria
Grosse Launette
Black Valls
Croix de Bouelles
Hagloe Crab
Blanc Mollet
Crummy Norman
Hangdown
Bloody Turk
Dabinett
Harnette
Bouteille de Caen
De Boutteville
Harry Masters Jersey
Bramtot
Des Domaines
Hereford Broadleaf
Bran Rose
Doux Amer
Hereford White
Breakwell’s Seedling
Doux Lazon
Honeystring
Brimley Bittersweet
Doux Normandie
Improved Dove
Brown Thorn
Dove
Improved Hangdown
Brown’s Apple
Dufflin
Improved Kingston Black
Broadleaf Norman
Dunkerton Late
Improved Lambrook Pippin
Broadley Jersey
Dunkerton’s Sweet
Improved Pound
Brown Jersey
Dymock Red
Improved Redstreak
Brown Snout
Early David
Jackson
Broxwood Foxwhelp
EB 52
Jambe de Lievre
John Broad
Pomme Mettais
Stoke Red
Jolly Rouge
Port Wine
Stawberry Norman
Killerton Sweet
Porter’s Perfection
Sweet Alford
Kingston Black
Red Foxwhelp
Sweet Blenheim
Knotted Kernel
Red Jersey
Sweet Copping
Langworthy
Red Norman
Tale Sweet
Lavignee
Red Streak
Tan Harvey
Le Bret
Redstrake
Tanners Red
Lorna Doone
Reine de Hatives
Tardive Forestier
Loyal Drain
Reine des Pommes
Taunton Fair Maid
Major
Reinette D'Orby
Taylor's
Marechal
Rouge Bruyere
Ten Commandments
Maundy
Rougette Douce
Thomas Hunt
Medaille d'Or 1
Royal Jersey
Tom Putt
Medaille d'Or 2
Royal Somerset
Tremlett’s Bitter
Michelin
Royal Wilding
Upright French
Morgan Sweet
Sandford Jersey
Upright Styre
Moulin a Vent
Sauvageon
Vagnon Archer
Muscadet de Dieppe
Scudamore Crab
Vagon Archer
Nehou
Severn Bank
Vilberie
Neverblight
Sherrington Norman
Wellings Bitter Sweet
Northwood
Silver Cup
White Alphington
Oakham Green
Skyrmes Kernel
White Close Pippin
Oisier
Slack My Girdle
White Frequin
Old Pound
Somerset Brown Jersey
White Jersey
Omont
Somerset Red Streak
White Norman
Peau de Blaireau
Sops in Wine
Woodbine
Peau de Vache
St Laurent
Yarlington Mill
Pennard Bitter
Stable Jersey
Yellow Redstreak
Pethyre
Stembridge Cluster
Yellow Styre
Pig’s Snout
Stembridge Jersey
PART IIEXCLUDED VARIETIES OF PEARS
Arlingham Squash
Flakey Bark
Painted Lady
Barland
Forrest Pear
Parsonage
Barnet
Gin
Pig Pear
Bartestree Squash
Golden Balls
Pine
Bastard Longdon
Goldings
Pint
Bastard Sack
Grandfather Tum(p)
Potato Pear
Billy Williams
Green Horse
Red Huffcap
Black Huffcap
Green Longdon
Red Longdon
Blacksmith
Harley Gum
Red Pear
Blakeney Red
Hartpury Green
Rock
Bloody Bastard
Hastings
Rumblers
Bosbury Scarlet
Hatherley Squash
Sack
Boy Pear
Hellens Early
Sickle Pear
Brandy
Hellens Green
Silver Pear
Brockhill
Hendre Huffcap
Snake Pole
Brown Bess
Heydon
Sow Pear
Brown Russet
High Pear
Speart Pear
Butt
Hillend Green
Staunton Squash
Cannock
Holmer
Stinking Bishop
Chaceley Green
Honey Knob
Swan Egg
Claret
Iron Sides
Taynton Squash
Clipper Dick
Jenkins' Red
Teddington Green
Clusters
Judge Amphlett
Thorn
Coppy
Knapper
Thurston’s Red
Cowslip
Lullam
Tumper
Deadboy
Merrylegs
Turner’s Barn
Ducksbarn
Moorcroft
Teddington Green
Early Blet
Murrell
White Bache
Early Griffin
Nailer
White Longdon
Early Hay Pear
New Meadow
Winnal’s Longdon
Early Longdon
Newbridge
Yellow Huffcap
Early Treacle
Oldfield
Young Heydon
PART IIIHORTICULTURAL PRODUCE
Vegetables grown in the open
All vegetables sold for human consumption, including watercress but excluding potatoes.
Fruit
All soft fruit and orchard fruit including nuts but excluding—
(a)
the varieties listed in Parts I and II of this Schedule;
(b)
hops; and
(c)
grapes.
Flowers and bulbs
All flowers whether cut or in pot, foliage, flower bulbs, corms, tubers and rhizomes.
Hardy and other nursery stock
All hardy nursery stock including—
(a)
fruit trees, bushes and canes, strawberries for runner production and other fruit stock for transplanting;
(b)
roses (including stock for budding);
(c)
shrubs and hedging plants;
(d)
ornamental trees and trees for sale for amenity purposes;
(e)
perennial herbaceous plants;
(f)
aquatic plants.
All other nursery stock, seedlings and cuttings for propagation.
Protected crops
All crops grown in glasshouses and other forms of protection including pot plants, bedding plants and plants being propagated for growing elsewhere.
Mushrooms
All species of mushrooms.
Herbs
All species of herbs.”
This Order, which comes into force on 1st April 2003, applies throughout Great Britain and further amends the Horticultural Development Council Order 1986 (S.I. 1986/1110) (“the principal Order”).
The Order adds five new functions of the Horticultural Development Council established under the principal Order (article 10). It also provides for any person who grows apples or pears (other than certain excluded varieties) for sale or processing into an apple or pear product and who occupies at least two hectares of land planted with at least 50 trees to be included in the definition of “grower” in the principal Order (article 3). Such growers were subject to a charge by the Apple and Pear Research Council until its dissolution by the Apple and Pear Research Council Dissolution Order (S.I. No. 2003/909).
Article 7 sets a maximum charge of £35 per hectare for such growers, and Article 6 provides for their inclusion in the register kept by the Council. Article 4 provides for the membership of the Council to be increased by one to fifteen. Article 5 enables the Council to record the names and addresses of the directors of companies on the register.